Suisun City Municipal Code Ch. 5.10 Card Club

It is unlawful for any person to engage in, carry on, maintain or conduct or cause to be engaged in, carried on, maintained or conducted any card club or tables which are used by the public for playing of cards and at which money or anything of value is wagered or for the use of which a fee or compensation is charged players, without first obtaining a license from the city.

(Ord. 626 § 1(part), 1995)

The regulatory provisions of this chapter are necessary to ensure that card clubs are operated reasonably for the protection of public health, safety and welfare and to conform to state-mandated requirements set by The Gaming Registration Act found in the Business and Professions Code commencing with Section 19800, et seq., including any amendments or superseding enactments thereto.

This section limits the number of card club licenses issued to one, and limits a card club to a location on a boat docked at the Suisun City Marina in the waterfront area of the Suisun City downtown/waterfront specific plan, as amended. In no event shall the number of tables operated at one time exceed eighty, including during promotional or tournament play, as set forth in Section 5.10.160 (A) and (G). The purpose of these limitations is to limit lawful gambling within this community to a location and to a level which will be a source of entertainment and recreation within the city while preventing a detrimental impact on the community.

The purpose of this chapter is to protect the health, safety and welfare of the citizens of the community, to assure that city law enforcement and other resources are efficiently allocated, and to provide for a card club where citizens of this city can safely enjoy the entertainment provided by a reputable and well run card clubs.

(Ord. 626 § 1(part), 1995)

An applicant for a card club license shall submit an application to the city manager. The application shall include, among other things, the following:

A. The true name of the applicant, together with the names of all persons directly or indirectly interested in conducting the business, including all members of any firm or partnership. A corporate applicant shall list officers, directors and principal owners, including all owners of ten percent or more of the corporate stock.

B. Whether the applicant or any person listed under subsection A of this section, has at any time been convicted of a felony, or any other offense involving moral turpitude, or has been convicted of any narcotics violation or violation of any gambling laws or ordinances.

C. Whether or not any permit or license heretofore granted to applicant, or any person listed in subsection A of this section, to engage in any business or do any act within any jurisdiction has been revoked or denied and, if so, the circumstances surrounding the revocation or denial.

D. The location and a description of the boat upon which the applicant proposes to conduct a card club and a statement of the property interest of the applicant in the boat as owner, lessee or otherwise. If the boat is leased or rented, applicant shall submit a copy of the lease and/or rental agreement.

E. The location and description of the card club proposed to be operated on the boat.

F. The number of card tables which will be operated in the card club. Subject to the limitations set forth in Section 5.10.160 (A) and (G), the number of tables shall not exceed the number approved by the city in granting the license.

G. Other entertainment, recreational, commercial and other uses contemplated to be operated on the boat, in addition to the card club, and their locations and size and hours of operation.

H. Such further information bearing on the identity and character of the applicant and persons listed in subsection A of this section, or the use, location or condition of the boat as the city manager may require.

(Ord. 626 § 1(part), 1995)

Card club licensees shall pay annually a business license tax as required by Section 5.04.235 of this code as the same may be hereafter amended to provide for such license tax.

In addition to the aforementioned business license tax, under Section 5.04.235 of this code, a nonrefundable application fee established by resolution of the city council shall be charged and collected from the applicant at the time of making application under Section 5.10.030.

In addition to any application fee and business license taxes imposed by the city on the business of a card club, each licensee shall be charged a quarterly table operation fee for each card table operated by the licensee or to be operated by the applicant. The amount of this quarterly fee shall be set by resolution of the city council and shall be based upon any and all costs incurred by the city related to this chapter, including but not limited to the cost to the city of enforcement and revenue administration of this chapter.

Exempted from this quarterly fee are tables in excess of the number specified on the license and which are used for promotional or tournament play; provided, however, that pursuant to Section 5.10.160(G), the total number of regular tables and promotional/tournament tables in use shall not exceed the number approved by the city in granting the license. Such promotional or tournament play and the use of such additional tables for such promotions and tournaments shall not exceed four days in any calendar month. The chief of police shall be notified seven days in advance of the promotional or tournament events and shall be notified of the duration and dates of such events. If such event requires additional city services such as added police patrols, the licensee shall be required to pay the costs of providing such services.

On the denial by the city of an application of a card club license, the quarterly table operation fee paid by the applicant or licensee shall be rebated to the applicant or licensee by the finance department. The rebate shall not be made by the finance department until the appeal period on the denial has elapsed or, if an appeal is filed, until a final decision upholding the denial has been made and the appeal has become final in the administrative or judicial process, whichever is applicable.

If the applicant's or licensee's appeal of the denial is granted, the applicant or licensee shall owe and pay the appropriate table operation fee to the finance department prior to the issuance of the card club license.

(Ord. 626 § 1(part), 1995)

An application for a card club license shall be investigated by the city manager who shall obtain recommendations and reports from the chief of police concerning the character of the applicant and any law enforcement problems which the issuance of the license might tend to create; from the planning director concerning the compatibility of the proposed use of the premises with existing zoning regulations and with neighborhood land uses, and from such other sources, including residents and businesses in the area, as the city manager may deem appropriate.

The city manager may deny an application for a card club license if, in the city manager's opinion, the card club is to be located or operated under circumstances in which it might tend to create a public nuisance, where the granting of the license would be contrary to the public interest, the applicant has not complied with all the applicable provisions of this chapter, or issuance of a license to the applicant is, in the opinion of the city manager, contrary to the interests and health, safety and welfare of the city.

(Ord. 626 § 1(part), 1995)

Only one card club license shall be granted and be in effect at any time and only for a card club to be operated on a boat docked at the Suisun City Marina.

No card club license shall be issued or remain valid unless and until the applicant shall have complied with all applicable requirements of city planning, zoning and building regulations, including but not limited to, the requirements of the Suisun City downtown/waterfront specific plan and the redevelopment plan, and any conditional use permit and redevelopment agreements.

No card club license shall be issued or remain valid unless and until the applicant shall have demonstrated compliance with and satisfaction of all requirements for registration under the Gaming Registration Act in the Business and Professions Code of the state of California, including any amendments or superseding enactments thereto.

(Ord. 626 § 1(part), 1995)

Card club employees shall be required to obtain a work permit from the chief of police. For the purpose of this section, card club employees are defined as dealers, overseers and others directly connected with the operation and/or supervision of the card tables and including waitresses, bartenders, culinary workers and others who may from time to time work in or access as part of their work any areas of card table operation. Only one work permit shall be required each year even though the holder of a work permit may change his/her place of employment within the city. Each card club employee shall pay the sums established by resolution of the city council for his/her first permit, and for a permit renewal.

The chief of police shall deny an application for a work permit if, in the opinion of the chief of police, approval of the application is contrary to the interest and the health, safety and welfare of the city, or if the applicant has been convicted of a felony or any other offense involving moral turpitude, or has been convicted of any narcotics violation or violation of any gambling laws or ordinances.

(Ord. 626 § 1(part), 1995)

Any applicant or any member of the city council wishing to appeal the decision of the city manager in granting or denying an application for or a renewal of a card club license or the decision of the chief of police in denying an application for a work permit or imposing conditions on a license to the city council may do so by filing a written notice of appeal with the city clerk not later than ten days after the date of the decision. Upon failure to file a notice of appeal within the ten-day period, the action of the city manager or chief of police shall be final and conclusive.

Appeals to the city council shall follow the procedures established by the city council. The decision of the city council shall be final and conclusive.

(Ord. 626 § 1(part), 1995)

The city manager shall have the right for cause to revoke or suspend any card club license issued hereunder, and the chief of police shall have the right for cause to revoke or suspend any card club work permit issued hereunder. Any of the grounds upon which the city manager and the chief of police may refuse to grant a card club license application or card club work permit application shall also constitute grounds for such revocation or suspension. In addition, the failure of a card club licensee or card club work permit holder to comply with the provisions of this chapter shall also constitute grounds for revocation or suspension of the license or work permit.

A card club licensee shall continuously operate the card club while holding a valid card club license. If any person licensed hereunder fails to maintain and continuously operate the card club for a period of 90 consecutive days or more in accordance with the provisions of this chapter, unless good cause therefor shall be granted in writing by the city manager, the license shall automatically be revoked. A licensee may appeal any automatic revocation within the time and in the manner set forth in Section 5.10.080.

(Ord. 626 § 1(part), 1995)

The action of the city manager or chief of police with respect to a revocation or suspension of a card club license or card club work permit may be appealed to the city council as set forth in Section 5.10.080. Upon failure to timely file a notice of appeal, the action of the city manager or chief of police shall be final and conclusive.

(Ord. 626 § 1(part), 1995)

The chief of police shall have the authority to temporarily suspend a card club license and to order the licensee to immediately cease and desist any further operation of the card club during the time an appeal is pending pursuant to the provisions of this chapter, if the chief of police finds that such temporary suspension is necessary in order to protect against a serious and immediate threat to the public health, safety, morals or welfare caused by exercise of the license and one of the following occurs:

A. The licensee is in violation of any of the provisions of this chapter, the Penal Code of the state of California, or any other applicable federal, state or local law, rule or regulation; or

B. The chief of police finds that by reason of criminal activity occurring on the card club premises, or by virtue of acts by the patrons of the card club, that the public is subject to the immediate risk of harm or criminal, deceitful or otherwise unethical practices.

(Ord. 626 § 1(part), 1995)

A. The temporary suspension shall be effective twenty-four hours following delivery of a temporary suspension notice to the licensee, except for a suspension under subsection B of this section. If the licensee is unavailable or unable to be served, notice may be delivered to the person in charge of the card club and mailed to the licensee at the card club premises, and shall take effect twenty-four hours after both delivered and placed in the mail.

B. If the chief of police finds cause that a twenty-four-hour notice would substantially increase the risk to the public health and safety, the chief of police may order an immediate suspension and closure of the premises.

C. An appeal of a temporary suspension of a license pursuant to this section shall be made to the city manager. If the city manager upholds the suspension, appeal may be made as provided in Section 5.10.080. The pendency of the appeal shall not relieve the applicant of the duty to comply with the suspension.

(Ord. 626 § 1(part), 1995)

It is unlawful for the holder of a card club license to operate or permit the operation of a card club after temporary suspension of the card club license pursuant to Section 5.10.110, and it is unlawful for the holder of a card club employee permit to work as a card club employee in any card club the license for which has been temporarily suspended pursuant to Section 5.10.110.

(Ord. 626 § 1(part), 1995)

The privilege conferred by the licenses and permits issued under this chapter shall not be transferable, and the license and each permit shall so provide on its face. A card club license is not property and shall have no value. Any attempt to transfer, directly or indirectly, a card club license in violation of the provisions of this chapter is unlawful and void, and shall automatically revoke the license. Any card club licensee whose license is automatically revoked may appeal the revocation within the time prescribed and in the manner set forth in Section 5.10.080.

For purposes of this chapter, a prohibited transfer of a card club license shall include, but not be limited to, any of the following:

A. An attempted transfer of a card club license;

B. An attempted assignment or transfer of a license from a partnership to one or more of the individual partners;

C. Where the card club license has been granted to a corporation, an attempted issuance or transfer of any shares of stock to any person, entity or group not listed as having an interest in the card club license when it was granted;

D. The sale, lease or other transfer of a business which includes a card club where the card club is considered part of the business sold and the card club license is intended to pass with the sale, with or without consideration, even though the sale, lease or transfer may be conditioned upon the successful transfer of the license to the buyer;

E. Entering into any arrangement or agreement whereby the license or any interest therein or the transfer of the license is attempted to be pledged as security for a loan or the fulfillment of an obligation or agreement.

(Ord. 626 § 1(part), 1995)

Notwithstanding the prohibitions contained in this chapter against the issuance or transfer of a card club license, an application by a successor in interest to a licensee for the issuance of a license in his/her own name for purposes of operating the same business may be made to the city manager in the following situations:

A. A change in business organization (for example, incorporation of a sole proprietorship or partnership) where there is no change in the identity of the principals holding the license.

B. The death of a licensee where the application is made on behalf of the surviving business associates, or spouse or children of the deceased licensee.

An application for the transfer of a card club license made under this section shall be made to the city manager and acted upon and considered in the same manner as an application for an original license.

(Ord. 626 § 1(part), 1995)

Except as hereinafter provided, no person shall operate a card club in violation of any of the following regulations or such other regulations as the city council by resolution may adopt to augment or clarify the regulations in this Section 5.10.160:

A. Not more than eighty card tables shall be permitted at any one time in any card club.

B. No person under the age of twenty-one shall be permitted at any card table or to participate in any game played thereat, nor shall any such persons be allowed to be present in or frequent the areas containing card tables.

C. The card club shall be open to police inspection and inspections by other city representatives during all hours of operation.

D. The card club licensee shall post in a conspicuous place on the premises a copy of the house rules and regulations and give notice that all persons will be required to comply with them.

E. The card club shall be separated from other activities on the boat.

F. Subject to any restrictions in the license for the card club, games permitted to be played in a card club are Draw Poker, Lo-Ball, Panguingui ("Pan"), Hold 'Em, 7 Card Stud, Pai Gow, Pai Gow Poker, Super Pan Nine, California Aces and such other lawful games as the chief of police shall approve or the city council shall expressly authorize by resolution or subsequent amendment to this chapter. All games prohibited by the California Penal Code are prohibited by this section. The permitted games shall be played only according to the rules approved by the chief of police or prescribed by resolution of the city council from time to time. Written rules for each card game offered by a card club pursuant to this subsection shall be provided to any patron upon request. Each card club licensee shall post, in a conspicuous place, the rules as provided for in this chapter, for each permitted game. The licensee shall file with the chief of police a written copy of the rules to each card game played in the card club prior to issuance of license. Any deviation or change in the rules of any card game from that on file with the chief of police shall require the approval of the chief of police prior to offering the card game to patrons. The chief of police shall review any deviation or change in the rules and shall within 90 days approve or disapprove the game; and, if the game is patented, the licensee shall obtain written permission from the patent-owner prior to offering the game to patrons and prior to obtaining the approval of the chief of police to conduct the game.

Nothing herein contained in this chapter shall be construed to permit the licensing of any gambling declared illegal by the California Penal Code.

G. The licensee shall not operate more card tables than the maximum amount specified in card club license except during promotional or tournament play as set forth in Section 5.10.040 and upon full compliance with the notification provision contained therein. In no event shall the number of tables operated at one time exceed eighty, including during promotional or tournament play.

H. No person shall operate a card club without having paid all fees, including the quarterly table operation fee and business license taxes currently due.

I. The card club may not operate more than twenty hours a day, with the specific hours of operation to be approved by the city council and set forth in the license.

J. No player shall be permitted to wager or raise a wager for a cumulative total of more than four hundred dollars per hand or such lesser limit as the city council may establish and set forth in the license, provided that the city council may waive this limitation for tournaments.

K. No card club, licensee or employee shall extend credit to any patron in order for the patron to participate in a card game.

L. No person shall employ a card club employee, or work as a card club employee, as defined in Section 5.10.070, who does not have a valid work permit as required by Section 5.10.070 issued by the chief of police.

(Ord. 626 § 1(part), 1995)

A. Whenever it appears to the chief of police that security personnel are necessary to protect the health, safety, welfare or morals of the public, the chief of police, subject to such direction as the city council may provide from time to time, shall have the authority to require that a card club licensee provide uniformed security personnel on the boat and the parking lots used by the card club patrons and employees, as a condition of the license. Each license shall have this potential condition specified on its face, or on the reverse side. The chief of police shall notify the licensee, in writing, as to time periods and days of the week during which security is required, the number of security officers required, and the location where such officers are to be provided (whether in the parking lot or on the premises). Upon receiving the written notice of security requirements, the licensee shall conform to those requirements within forty-eight hours of service thereof and shall maintain those requirements in full force and effect until such time as the chief of police, subject to such direction as the city council may provide from time to time, deems they are no longer necessary. A licensee may appeal the imposition of conditions imposed in the manner set forth in Section 5.10.080; provided, however, that the licensee shall comply with such conditions at all times during the appeal process.

B. Between the hours of two a.m. and six a.m., the licensee shall not permit the consumption of alcoholic beverages on the boat or in the parking lots used by the card club patrons or employees.

C. The licensee shall not permit any obviously intoxicated person to participate in any card game.

D. The licensee shall not permit any illegal activity to occur on the premises or in the parking lot used by the card club for its patrons or employees.

(Ord. 626 § 1(part), 1995)

A. If any section, subdivision, subsection, clause, phrase or portion of this chapter conflicts with any section, subdivision, subsection, clause, phrase or portion of an express provision of the Municipal Code of the city, including the zoning ordinance and downtown/waterfront specific plan, as amended or conditions of a use permit or other permit issued pursuant thereto, or other administrative approvals issued under the zoning ordinance of the city, the conditions of the use or other conditional permit under the zoning ordinance or the administrative approvals issued under the zoning ordinance shall prevail.

B. If any section, subdivision, subsection, clause, phrase or portion of this chapter conflicts with any section, subdivision, subsection, clause, phrase or portion of The Gaming Registration Act (Business and Professions Code commencing with Section 19800, et seq.) as required by the state of California, then The Gaming Registration Act shall prevail.

(Ord. 626 § 1(part), 1995)

A. The licensee shall keep full and accurate records of the income and expenses received and disbursed in connection with the operation, conduct, promotion and any other phase of the card club enterprise and card games which are authorized by this chapter. The records shall be of such types and maintained in such manner as may be prescribed by the city manager or other city official designated by the city council. Upon demand, the city manager or any other authorized representative of the city shall have the right to examine and audit the records at any reasonable time and the license holders shall fully cooperate by making the records available.

B. The records described in subsection A of this section and produced pursuant to that section shall be kept confidential to the extent permitted by applicable law, except that they may be used in connection with any suspension, revocation or other proceeding or investigation conducted under this chapter and/or any civil or criminal investigation conducted by the chief of police, the district attorney or the grand jury.

(Ord. 626 § 1(part), 1995)

Except as otherwise specifically provided, violation of any of the provisions contained in this chapter shall constitute an infraction subject to a fine for each day or any portion thereof a violation continues. Fines for each violation shall be assessed pursuant to the provisions of Government Code Section 36900b.

Violation of any of the following provisions of this chapter shall constitute a misdemeanor: Sections 5.10.010, 5.10.130 and 5.10.160(A), (F), (G), (I), (J), (K), (L).

Violation of any of the provisions of this chapter may be remedied by injunction or other civil proceedings commenced in the name of the city by the city attorney.

(Ord. 626 § 1(part), 1995)

This chapter may be amended from time to time as determined by the city council in the interest of the city, or to promote the public, safety and welfare of the community or to comply with applicable state laws and regulations, and any license granted hereunder shall be subject to compliance with any such amendments.

(Ord. 626 § 1(part), 1995)

The city council finds that the gaming industry is a highly regulated and controlled industry due to the nature of its operations, the amount of money amassed and the fears and perceptions that some elements in the industry may use such funds to incur political debts from legislators who are aided by their contributions. In order to eliminate the appearance of impropriety and corruption associated with such contributions, the city council determines that it is unlawful for any corporation, partnership or other legal entity licensed or permitted under this chapter, or their employees, vendors and suppliers, to make any monetary contributions to city council members, candidates for city council, or to their respective campaign organizations.

(Ord. 626 § 1(part), 1995)